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(영문) 의정부지방법원 고양지원 2018.02.09 2017고단3693
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2014, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) at a high-level district court branch on March 26, 2015, and a fine of KRW 3,00,000 as a fine for a violation of road traffic law (drinking) and a violation of road traffic law (drinking without a license) in the same court.

Although the Defendant had had a alcohol driving force twice or more as above, on November 27, 2017, the Defendant driven a C-learning car under the influence of alcohol content of 0.198% from the front day of the week where it is impossible to find out the trade name in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Busan at the Goyang-si, Goyang-si. to the front day of the car in the same Dong from the day on which it is impossible to find out the trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of that type of force),- Application of a copy of summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence as ordered shall be determined.

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